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A30478 A vindication of the authority, constitution, and laws of the church and state of Scotland in four conferences, wherein the answer to the dialogues betwixt the Conformist and Non-conformist is examined / by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. 1673 (1673) Wing B5938; ESTC R32528 166,631 359

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Navy to Henry III. of England and got great priviledges from him for their traffick in England There were then 72. Cities in the League who renewed their League every tenth year and consulted whom to receive or whom to exclude from their friendship and choosed a P●o●●●tor to themselves And one of the Conditions on which any City might be of this League was that they were free Towns and therefore it was that some Towns in the Netherlands being of this League their Princes were by Oath to confirm their freedom otherwise they could not be comprehended within that League the end whereof was to defend one another in any necessity they might fall in Let these things then declare whether Germany be a Monarchy or not and it will never prove the Emperor to be the Sovereign because the Empire is feudal and the Emperor gives the Investitures to the Princes for they are not the Feudato●ies of the Emperor but the Empire and the Emperor by giving the Investiture becomes not their Lord for in the Interregn of the Empire the Electors of Palatine and Saxe are the Vicars of the Empire and give the Investitures who are not clothed with any authority over the rest but only as they are the Vicars of the Empire and not of the Emperor And most of the Princes of Itair receive still their Investiture from the Emperor but are far from concluding themselves his Subjects upon that account And who thinks the King of Naples the Popes Subject tho he receive his Investiture in that Crown from him These things being thus cleared it will be evident that the Wars betwixt Charles V. and the Duke of Saxony will never be a Precedent for Subjects resisting their Sovereign And having said so much it will be to no purpose to examine the rise and progress of the Smalcal●● League and War only thus much is clear that the leaguing of the Princes and Cities together among themselves or with other Princes was not held contrary to the Laws of the Empire for after the Smalcaldic League both the Emperor and other Kings as France and England treated with them and sent Embassadors to them Yea the Pope sent a Nuncio to the Elector of Saxe and Landgrave of Hessen at Smalcald and yet never were they accused by the Emperor for entring into that League of mutual defence which shews it was not judged contrary to the duty of these Princes to associate among themselves or with others And the City of Strasburg and after them the Landgrave of Hessen made a League with the Switzer Cantons that received the Reformation for mutual defence against any Invasion upon the account of Religion At Ausburg the Emperor did on the 11. of November 1530. declare that since the Protestants did reject the Decree made about Religion he had entred in an agreement with the rest of the Diet not to offend any but to defend themselves if any force were used against these who owned that Religion And in the following December the Protestant Princes met at Smalcald and made an agreement among themselves in the same strain neither were they ever condemned for so doing but continued in a good correspondence with the Emperor many years after that till being invaded by the Duke of Brunswick the War took its rise which is all along proved to have been according to the Laws and Liberties of the Empire And thus this Case doth vary exceedingly from the matter of our Debates Eud. If I may glean after your Harvest I could add that the Divines of Germany were notwithstanding of all the immunity of the Princes and injuries they met with very much against all warlike preparations Many vestigies of this appear through Melanclon's Letters particularly in his 71. Letter to Camerarius an 1528. where he gives account of the inclinations many had to War and with how much diligence he had studied to divert them from it though great injuries had been done them and that it was believed that many of the Princes had signed a conspiracy against them And Scultet Exer. Evang. lib. 2. cap. 5. tells how Grumbachius and Iustus Ionas animated the Elector of Saxe to the War assuring him of the Empire of Germany if he wo●ld adventure for it which he adds the Elector did and his so doing he compares to his throwing himself over the Pinacle of the Temple but all quickly repented them of the attempt the Elector being defeated taken and kept Prisoner many years and his ill Counsellors were well served for their advice Grumbachius was quartered and Ionas was beheaded Thus you see how that war is censured by one of the best of the late German Divines By this time I think no scruples can dwell with any about the German War and that it agrees with the case of a Prince defending his Religion and Subjects against the unjust invasion of another Prince to whom he owes neither obedience nor subjection and this will easily satisfie all that know either Law or History whether the Author of the Dialogues deserved to be treated as his Answerer doth But it is no new thing to find ignorants full of confidence and cowards full of boastings Isot. But for Sweden you yield it and acknowledge that because their King came against them in an unjust invasion designing to subvert their Religion they not only armed against him and resisted him but deposed him and put his Uncle in his place than which nothing can be more express See p. 441. Poly. The design of the Conformist was to prove that the first Reformers did not teach the doctrine of Subjects their resistance upon the account of Religion but he meant not to make good all that followed after that therefore left the more inconsiderat when they heard of the S●ares of Sweden their deposing of Sig●smund might have mistaken that as he knows some have done and confounded it with the Reformation he gave the true account of that Affair as it was and it being seventy years after the Reformation was first brought thither cannot be fastened on the Reformation Besides the whole Tract of the Swedish History proves that the Estates as they elected so also coerced and frequently deposed their Kings and therefore Bodin reckons Sweden among these divided States where the Supreme Power lay betwixt the King and the Nobility and tells how in his own time Henry King of Sweden having killed with his own hand one that presented a petition to him the States forced him to quit the Kingdom to his Brother and that he had been for seventeen years a prisoner when he wrote his Books de Republica It being thus frequent in Sweden upon malversation not only to resist but to depose their Kings it was no wonder if when Sigismund came against them with an army of Polanders whose Sovereign he was not for none are so ignorant to think the King of Poland is a Sovereign they resisted him since that was a subjecting of Sweden to foreign force
you may alledge in some corner of a Peter Martyr or some other Persons of less name for as from the same Writers other places may be brought to the contrary so what can these serve to enervate so much evident proof Besides we are not to consider the Writings of some particular Persons so much as what hath been the generally received opinion among the Protestant Writers and most taught in their Pulpits and Schools And whoever will attempt the contradicting that this hath been for absolute submission it must be confessed to be hard to determine whether his ignorance be most to be pitied or his confidence most wondered at By these things all may guess if there be not strong grounds to apprehend the Reformed Churches must be innocent of that which both their Confessions disown and their Writers condemn Isot. I confess the Author of the Dialogues did with great confidence undertake the refuting of what is generally acknowledged about resistance used by the Reformed Churches but his Answerer hath so refuted all he alledgeth from History that I am confident he repents of his undertaking and were it to be done again perhaps he would think on other tasks than to attempt what hath miscarried so in his hand that truly I cannot but pity him in my heart Eud. It will be strange if he be so much mistaken as your Author represents him yet his design in that was so good to deliver the Reformation from such a Challenge that methinks he deserved a little better usage than your Friend bestows on him But I am much deceived if he be not able to make good all was asserted by him let us therefore hear what Polyhistor saith on these matters Isot. Begin then with the matter of the Albigenses where force was used against Simon Montfort who had not only the permission of the French King as is acknowledged but was assisted by him by 15000. men which is vouched by some Authors Besides that the cruelties then used which are made use of to aggravate their not resisting the King of France if pertinently adduced prove the King of France guilty of accession to them And the Kings Son Prince Lewis coming with an Army afterward shews all to have been done by the Kings Command And what is alledged from the Count of Tolouse his being a Peer of France by which he was a Vassal and not a Subject is to no purpose since by the Feudal Law Vassals are Subjects and whatever authority they may have within their own Dominions they are still Subjects to the Lord of the Feud See p. 418. Poly. I shall not with big words blow away what you alledg but shall examine it from the accounts are given of that War It is true the Writers of that time do so strangely misrepresent these Innocents that little credit is due to most of the Histories about them but thus much is clear that the Waldenses were every where persecuted both in Dauphine Provence Piedmont Calabria Boheme and other places to which they scattered themselves and fled for shelter and notwithstanding all the Persecutions they lay under from the Inquisition in France they never armed against the King's authority These about Alby embracing the same Doctrine with the Waldenses and called from the Country they lived in Albigenses were thundered against by the Pope and a Iacobin Monk being killed in their Country Pope Innocent proclaimed a Crotsade promising Paradise to all who came and fought against these Hereticks and avenged the blood of that Monk and in particular suspecting Raymond Count of Tolouse he Excommunicated him and absolved his Subjects from their obedience permitting any to pursue his Person and possess his Lands with which he wrote to all Christian Princes to come into his Croisade But the King of France was imployed in Wars both with the Emperor and King of England and so could not join in it but gave way to his Barons to take the Cross And here the King consenting to so cruel an Invasion did undoubtedly shake much of his right to these Provinces since he thus exposed them to the fu●y of an unjust Invader so that tho they had absolutely rejected his Authority this had quadrated with the case of a Kings deserting of his Subjects However the War went on all managed by the Legate as the Popes war But Raymond came and submitted himself to the Pope yet the Legate went on against Beziers and Carcasson who had a great deal of reason to resist such an unjust Aggressor Afterwards the Legate gaping for the County of Tolouse picked another quarrel with Raymond and did excommunicate him of new tho he had got the Popes absolution whereupon he armed with the assistance of the King of Arragon against the Legate and his General Simon Montfort but afterwards the King of Arragon was defeated yet all this while the King of France lay neutral and would not permit his Son to go against the Albigenses because he had promised to the King of Arragon to be neutral but the King of Arragon being dead he gave way to it and so his Son came to the Army and this must be that which Gulielmus Brito confounds with the beginning of the War This also is that Affair which the Centuriators say Philippus Augustus had with the Albigenses But the Legate fearing the numbers Prince Lewis brought with him and apprehending he might have possessed himself of the other places which belonged to the Albigenses granted them all absolution with the protection of the Church and assumed the confidence to tell the Prince that since he had taken the Cross he was to depend on his Orders he representing the Pope and not to command in that Army as the Kings Son reproaching him because his Father had given no assistance to the destruction of the Albigenses when there was need of it but that after the miraculous Victories had been obtained he was now come to reap the Harvest of what was due to them who had hazarded their lives for the Church And for all this I refer you to the History of the Albigenses compiled by M. Perrin lib. 1. cap. 12 c. But what if by an overplus I should justifie the Count of Tolouse tho he had armed against the King of France upon the account of his being a Peer of France which exempted him from the condition of ordinary Subjects of whom Pasquier Recherches de France lib. 2. cap. 8 saith It was the vulgar Opinion that they were constituted by Charles the Great who is believed to have given them almost as much authority as himself had reserving only to himself the principal voice in the Chapter but he refutes that vulgar Error and shews how in the end of the Carolovingian Race great confusions were in France partly through the various Pretenders but more through their folly at which time the Crown of France did likewise become Elective and he shews how Eude Robert Raoul Lewis surnamed beyond the Sea Lot